La. Admin. Code tit. 40 § IX-311

Current through Register Vol. 50, No. 11, November 20, 2024

Section IX-311 - Civil Penalties

A. Provisions

1. Any person, including but not limited to, any apprenticeship program sponsor or employer of a registered apprentice, shall be subject to a civil penalty of up to five hundred dollars per violation of the provisions of any of the following:

a. Title 40, Part IX;

b. approved program standards;

c. an approved apprenticeship agreement;

d. any rules or regulations governing apprenticeship adopted pursuant to the authority contained within Title 40, Part IX of the Louisiana Administrative Code.

2. Reasonable litigation expenses may be awarded to the prevailing party of the adjudicatory hearing. Reasonable litigation expenses means any expenses, not exceeding $7,500, reasonably incurred in prosecuting, opposing, or contesting an agency action, including but not limited to attorney fees, stenographer fees, investigative fees and expenses, witness fees and expenses, and administrative costs.

B. Civil penalties may be imposed only by a ruling of the executive director or his designee, in accordance with §309 of this Part.

C. Out of the civil penalties collected for violations, expenses incurred in enforcing any provisions may be paid by the commission.

D. The executive director may institute civil proceedings in the appropriate district court for the principal place of business of the employer to enforce his rulings or seek injunctive relief to restrain and prevent violations of the provisions of this Chapter or of the rules and regulations adopted under the provisions of this Chapter. The court shall award attorney fees and court costs to the prevailing party. In the event judgment is rendered in said court affirming the civil penalties assessed, the court shall also award to the Louisiana Workforce Commission, Apprenticeship Division judicial interest on said penalties from the date of such judgment until paid.

La. Admin. Code tit. 40, § IX-311

Promulgated by the Department of Labor, Louisiana Workforce Commission, Office of Workforce Development, LR 37:2216 (July 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 23:381-391.